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SB-641 Special elections.(2019-2020)

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Date Published: 04/24/2019 09:00 PM
SB641:v97#DOCUMENT

Amended  IN  Senate  April 24, 2019
Amended  IN  Senate  April 04, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill
No. 641


Introduced by Senator Allen

February 22, 2019


An act to amend Sections 10700 and Section 10703 of the Elections Code, relating to elections.


LEGISLATIVE COUNSEL'S DIGEST


SB 641, as amended, Allen. Special elections: ranked choice voting. elections.
Existing law requires the Governor to call a statewide special election by proclamation. Existing law generally requires the Governor to issue this proclamation within 14 calendar days of a vacancy in a congressional or legislative office, and it permits that election to be conducted within 180 days following the proclamation, as specified, in order to consolidate the election with a regularly scheduled election.
This bill would authorize the Governor to require that a special election to fill a vacancy in a congressional or legislative office be conducted by ranked choice voting, as defined, if the affected jurisdiction is capable of using this voting method and the Secretary of State has approved the specific ranked choice voting method to be used. This bill would also change the period of time in which a special election may be conducted for consolidation purposes to at least 100 and not more than within 200 days following the proclamation.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YESNO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.Section 10700 of the Elections Code is amended to read:
10700.

(a)For purposes of this section, “ranked choice voting” means a method of voting conducted pursuant to Division 22 (commencing with Section 24000).

(b)The Governor shall call all statewide special elections by issuing a proclamation pursuant to Section 12000. Except as provided by Chapter 3 (commencing with Section 10730), in the case of a vacancy in a congressional or legislative office the Governor shall issue a proclamation, within 14 calendar days of the occurrence of the vacancy, calling a special election in accordance with Section 10703. A copy of the proclamation shall be sent to the board of supervisors of each affected county.

(c)The Governor may require that a special election to fill a vacancy in a congressional or legislative office be conducted with ranked choice voting if both of the following conditions are satisfied:

(1)The county or counties in the affected jurisdiction are capable of conducting the election using ranked choice voting.

(2)The Secretary of State has approved the ranked choice voting method to be used.

SEC. 2.SECTION 1.

 Section 10703 of the Elections Code is amended to read:

10703.
 (a) (1) Except as provided in paragraph (2), a special election to fill a vacancy in the office of Representative in Congress, State Senator, or Member of the Assembly shall be conducted on a Tuesday at least 126 days, but not more than 140 days, following the issuance of an election proclamation by the Governor pursuant to Section 1773 of the Government Code.
(2) A special election to fill a vacancy in an office listed in paragraph (1) may be conducted at least 100 and not more than within 200 days following the proclamation in order to consolidate the election or the primary election with an election occurring wholly or partially within the same territory in which the vacancy exists.
(b) Except as provided in Chapter 3 (commencing with Section 10730), a special election or a primary election shall not be conducted on the day after a state holiday.
(c) (1) A special election described in this section may be conducted as an all-mailed ballot election pursuant to Section 4000.5.
(2) This subdivision shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date.